DV 2023 AOS (Adjustment of Status) Only

[Sm1smom]

Hi Mom

Case number 2023AS00011XXX
Pending Asylum
Asylum filed within 6 months of arrival in US (B1/B2), but USCIS returned i589 for missing signature on one of the page. Re-filed after 1 month and granted pending asylum status.

1. Am I eligible for AOS since i filed on 7th month of my arrival.

You were not “granted” asylum pending status. Asylum pending is not a granted status, it is something that happens automatically once a person falls out of status while their application is pending. Because it is not an officially granted status, that is why it is technically speaking not officially considered a valid status to AOS from if you have no other valid status.

In your case, I don’t think you have any other choice, not unless you wish to abandon your asylum application with the intent of departing from the US in order to go file CP. Doing so brings in the issue of having overstayed which may come with a 3 or 10 year ban depending on how long you’ve overstated. IMO, your only option is to file AOS and hope for the best despite having been out of status when you filed for asylum.

 

[SusieQQQ]

This autumn, in september for sure.

Sure, you can file DS260 after you go back if it makes you feel more comfortable. Possible delay to interview if you have a low case number but still plenty of time to complete the process regardless.

 

[iliashark]

Hi Mom

Case number 2023EU00025XXX
Currently on H1B (until Sept 2024)
1. I have heard Britsimon mention that only a few law firms know how to handle AOS (without giving names). I am a bit paranoid and hoping to find a good lawyer to help me navigate the process, at least safety check what I file. Do you have any recommendations?
2. Is there really 0 drawback in waiting before October/the CN becoming current to file the DS-260? I understand from the FAQ in the sheet that travelling after filing DS-260 is not recommended (even though H1 is dual-intent)? The information on the FAQ is confusing me regarding travelling throughout the process since row 17 highlights the risks despite a dual-intent visa while row 39 mentions that a dual-intent visa shouldn't have any issues travelling).
3. I understand not rushing the DV administrative fee payment. I have however heard of multiple cases becoming delayed because the receipt of such payment has been so delayed. Would you still recommend waiting at least until October for making the payment?

 

[Appreciate_your_time_too]

1. It’s barely a week with two weekends since you mailed the payment. Be patient.
2. Pick whichever response you like, doesn’t matter in the light of your response to the previous question before it.

Thank you for the valuable answer @Sm1smom .

I am on h1b visa status and my wife is on h4 status. We live in usa for several years. My wife was selected dv2023 lottery.
We have filled the ds260 forms.
I have a really good and long history under my ssn. I indicated that i have SSN but checked to receive a new card since my existing card is about to destroyed. Does it mean that they will issue a new number to me? When i checked ssn gov, they are saying a new card with existing number. I am confused here. What should I do now? I have already submitted and i do not want to change my ssn number.

In addition to that, is there any tutorial how to learn when our numbers will be current to submit AOS? Can we start it now or we have to wait at least several months?

Thank you for your time again. You are touching people lives and help them by providing hope and guidance.

 

[Sm1smom]

Hi Mom

Case number 2023EU00025XXX
Currently on H1B (until Sept 2024)
1. I have heard Britsimon mention that only a few law firms know how to handle AOS (without giving names). I am a bit paranoid and hoping to find a good lawyer to help me navigate the process, at least safety check what I file. Do you have any recommendations?
2. Is there really 0 drawback in waiting before October/the CN becoming current to file the DS-260? I understand from the FAQ in the sheet that travelling after filing DS-260 is not recommended (even though H1 is dual-intent)? The information on the FAQ is confusing me regarding travelling throughout the process since row 17 highlights the risks despite a dual-intent visa while row 39 mentions that a dual-intent visa shouldn't have any issues travelling).
3. I understand not rushing the DV administrative fee payment. I have however heard of multiple cases becoming delayed because the receipt of such payment has been so delayed. Would you still recommend waiting at least until October for making the payment?

1. If sorry I have no lawyer recommendation. This forum is a DIY where super useful tools and support are available for anyone who wishes to take advantage of it.
2. Maybe you need to go over those FAQs again and try to relate the answers to the specific questions each response is addressing. Comparing line 17 with line 39 is like an apple and oranges comparison. One deals with DS260 submission and the other deals with AOS package submission. Two completely different situations. What 17 tries to clarify is that admission or re-admission to the US, regardless of the type of visa on holds and regardless of a previously demonstrated immigrant intent is only guaranteed for a USC. Having a dual intent visa does not guarantee an admission at any point in time, admission is at the discretion of the CBP officer at the POE.
3. When you decide to make the DV administrative fee payment is a personal choice, the reason against rushing to submit the payment is well explained on the “AOS Process” tab of the AOS process spreadsheet - please take another look at it and make your own decision.

 

[Sm1smom]

Thank you for the valuable answer @Sm1smom .

I am on h1b visa status and my wife is on h4 status. We live in usa for several years. My wife was selected dv2023 lottery.
We have filled the ds260 forms.
I have a really good and long history under my ssn. I indicated that i have SSN but checked to receive a new card since my existing card is about to destroyed. Does it mean that they will issue a new number to me? When i checked ssn gov, they are saying a new card with existing number. I am confused here. What should I do now? I have already submitted and i do not want to change my ssn number.

In addition to that, is there any tutorial how to learn when our numbers will be current to submit AOS? Can we start it now or we have to wait at least several months?

Thank you for your time again. You are touching people lives and help them by providing hope and guidance.

1. You will not be issued with a new number. What you will get is a new SSN card without the DHS restrictions written on it. Your SSN remains the same for life.
2. The visa bulletin (link below) is where you check to determine if your CN is current on not. The available tutorial for understanding the DV based AOS process is the AOS Process Spreadsheet (see my signature section for link to the spreadsheet).
3. What is your CN?

The Visa Bulletin

USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better align with procedures DOS uses for foreign...

travel.state.gov

 

[Appreciate_your_time_too]

Thank you so much again @Sm1smom

1. It does make perfect sense.
2. I am DV2023 selectee. I am currently working on very important work project, i wanted to ask whether it is something i have to start initiate from today or I still have one or two months?
3. EU34XXX

I wanted to learn a lot more details. I want to go through your documentation, once i finish it I have some edge cases where i need your expertise to find out best possible perfect path for me and my wife if that would be convenient for you.

 

[ioanaiio]

Hello..I m currently in US with h2b visa that expires on may 31.If i m going home amd apply again for h2b visa can they know at the embassy that i won dv2023 without me e-failing the ds-260.And can I apply ds-260 in October when i will be back in Usa with H2b visa and to do the adjust of status here?My case number is 2023EU00019xxx It s any possibility that visa bulletin for my number to be in april may 2023?Thank you!

 

[Luci80]

Thank you so much again @Sm1smom

1. It does make perfect sense.
2. I am DV2023 selectee. I am currently working on very important work project, i wanted to ask whether it is something i have to start initiate from today or I still have one or two months?
3. EU34XXX

I wanted to learn a lot more details. I want to go through your documentation, once i finish it I have some edge cases where i need your expertise to find out best possible perfect path for me and my wife if that would be convenient for you.

Hi! You have almost the same scenario that us from DV2022.
2 and 3. You have all the time in the world. You number is high so you can start in January or February. You can take a look here :http://britsimonsays.com/historical-visa-bulletin-numbers/

 

[Sm1smom]

Thank you so much again @Sm1smom

1. It does make perfect sense.
2. I am DV2023 selectee. I am currently working on very important work project, i wanted to ask whether it is something i have to start initiate from today or I still have one or two months?
3. EU34XXX

I wanted to learn a lot more details. I want to go through your documentation, once i finish it I have some edge cases where i need your expertise to find out best possible perfect path for me and my wife if that would be convenient for you.

I moved your posts from DV2022 AOS thread to DV2023 AOS thread since you’re a DV2023 selectee.

Right now, I think you basically need to slow down and spend some quality time going over the AOS process spreadsheet to enhance your understanding of what the process involves. Then post any follow up questions you may have after going through that super useful tool. If you have no time to do so, your wife as the main selectee can and should equally learn about the process. You have enough time to do so. Your CN isn’t going to become current anytime soon, but you nonetheless should familiarize yourself with the process before then.

 

[SusieQQQ]

Hello..I m currently in US with h2b visa that expires on may 31.If i m going home amd apply again for h2b visa can they know at the embassy that i won dv2023 without me e-failing the ds-260.And can I apply ds-260 in October when i will be back in Usa with H2b visa and to do the adjust of status here?My case number is 2023EU00019xxx It s any possibility that visa bulletin for my number to be in april may 2023?Thank you!

H2B is not a dual intent visa so you cannot enter the US on that visa with intent to adjust status.
And yes, they will know you were selected.

 

[ioanaiio]

H2B is not a dual intent visa so you cannot enter the US on that visa with intent to adjust status.
And yes, they will know you were selected.

Even if I extend now my h2b visa i can not apply for AOS?The only solution is to go back home and apply for dv2023?

 

[SusieQQQ]

Even if I extend now my h2b visa i can not apply for AOS?The only solution is to go back home and apply for dv2023?

Do you mean stay in the US and file an extension for H2B?

 

[ioanaiio]

Even if I extend now my h2b visa i can not apply for AOS?The only solution is to go back home and apply for dv2023?

 

[ioanaiio]

yes.I will be able after that to apply for AOS?

Do you mean stay in the US and file an extension for H2B?

 

[SusieQQQ]

yes.I will be able after that to apply for AOS?

Filing i539 to extend a non immigrant status requires that you detail your plans to leave the US after the non immigrant status has expired. Do you plan to lie on an official uscis form? If not and you tell the truth, that you are extending with intent to adjust status, the extension will be denied. If you give false information as to the reason for extending stay this can very well be questioned at an AOS interview, bear in mind there is quite a severe penalty for misrepresentation on official uscis forms. Further, if the extension is denied and you have not been able to apply for AOS before your current status expires, that will mean you are out of status and therefore unable to adjust.

 

[Appreciate_your_time_too]

I moved your posts from DV2022 AOS thread to DV2023 AOS thread since you’re a DV2023 selectee.

Right now, I think you basically need to slow down and spend some quality time going over the AOS process spreadsheet to enhance your understanding of what the process involves. Then post any follow up questions you may have after going through that super useful tool. If you have no time to do so, your wife as the main selectee can and should equally learn about the process. You have enough time to do so. Your CN isn’t going to become current anytime soon, but you nonetheless should familiarize yourself with the process before then.

Thank you so much @Sm1smom and @Luci80 . We will do it ASAP.

Best

 

[Sm1smom]

Even if I extend now my h2b visa i can not apply for AOS?The only solution is to go back home and apply for dv2023?

If you remain in the US and extend, and the extension is approved, yes you can process AOS. Otherwise, Susie previous response is applicable.

 

[ioanaiio]

Even if I extend now my h2b visa i can not apply for AOS?The only solution is to go back home and apply for dv2023?

Filing i539 to extend a non immigrant status requires that you detail your plans to leave the US after the non immigrant status has expired. Do you plan to lie on an official uscis form? If not and you tell the truth, that you are extending with intent to adjust status, the extension will be denied. If you give false information as to the reason for extending stay this can very well be questioned at an AOS interview, bear in mind there is quite a severe penalty for misrepresentation on official uscis forms. Further, if the extension is denied and you have not been able to apply for AOS before your current status expires, that will mean you are out of status and therefore unable to adjust.

I actually wanna do extension on h2b for summer season it was my intention before i found out that i won the dv2023 And for the process of the extension an agency is on charge I don t have to apply for extension

 

[SusieQQQ]

I actually wanna do extension on h2b for summer season it was my intention before i found out that i won the dv2023 And for the process of the extension an agency is on charge I don t have to apply for extension

Ok, good luck, even though this contradicts your previous post on your plans….it’s not us you need to conVince. hope no one finds it suspicious that you only decided to extend after DV selection results were out.